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iPhone

Throttling FAQs

Frequently asked questions about our claim against Apple and how you can take part.

iPhone Compensation Claim Against Apple Inc. And Related Companies.

If your questions are not answered below, please contact us by emailing us at enquiries@theiphoneclaim.com

General Information

Why has this website been created?

This website has been created in order to inform members of the public about the collective claim against Apple Inc. and its subsidiaries in relation to affected iPhones.

The website will also form one of the ways in which Mr Justin Gutmann will update and communicate with the class members of the claim.

What is the claim against Apple about?

The Class Representative alleges that Apple has breached competition law by abusing its dominant position by failing to respond fairly and transparently to battery issues which caused affected iPhones to shut down unexpectedly under certain circumstances.

It is claimed that instead of giving its customers a prompt and transparent explanation of these issues, Apple pushed automatic iOS updates to iPhones without disclosing to users that they incorporated a “power management feature”, which allegedly slowed down the iPhones and compromised their performance and functionality. Purchasers of these iPhones had to pay high premium prices for their iPhone yet suffered reduced performance and/or were forced to upgrade early, paying early termination fees, or purchase a new battery for an additional fee.

Who is the claim against?

The collective claim is against Apple Inc., Apple Distribution International Ltd and Apple Retail UK Limited, (together “Apple”).

What does the claim say that Apple has done wrong / How have they broken the law?

Apple is alleged to have breached competition law by abusing its dominant position in the relevant iPhone and iOS markets by failing to respond fairly and transparently to battery issues which caused iPhones to shut down unexpectedly under certain circumstances. Instead of giving its customers a prompt and transparent explanation of these issues, it is claimed that Apple pushed automatic iOS updates to iPhones without disclosing to users that they incorporated a “power management feature”, which slowed down the iPhones and compromised their performance and functionality.

The Class Representative asserts that purchasers of these iPhones had to pay high premium prices for their iPhone yet suffered reduced performance and/or were forced to upgrade early, paying early termination fees, or purchase a new battery for an additional fee.

Apple’s conduct was allegedly exploitative since Apple was not behaving in a fair and transparent manner that enhanced consumer benefits and welfare.

Which iPhones are included in the claim?

The following models of iPhones are included in the claim:

  • iPhone 6;
  • iPhone 6 Plus;
  • iPhone 6S;
  • iPhone 6S Plus;
  • iPhone SE;
  • iPhone 7; and
  • iPhone 7 Plus.

Why bring this claim against Apple?

As a company in an allegedly dominant position, Apple has a responsibility to ensure its conduct does not subject its consumers to unfair trading conditions. This includes a responsibility not to engage in conduct which harms consumer welfare. Smartphones have become a significant part of people’s everyday lives, and it is imperative that consumers are treated fairly.

Who is going to court and am I represented?

Mr Justin Gutmann is the Class Representative. A class representative is a person who acts on behalf of all members of the class. He is responsible for making sure their interests are put first throughout the conduct of the claim. Mr Gutmann has been approved as the Class Representative in another competition claim.

Mr Gutmann has spent a large proportion of his professional life dedicated to public policy, market research and, specifically, to consumer welfare. His final post prior to retirement was as a Head of Research and Insight at Consumer Focus, the UK’s statutory consumer champion, and later Citizens Advice, during which time he gained experience in the mobile technology sector where his work focussed on market dominance in both the handsets market and network provider’s market.

What are the Class Representative’s responsibilities?

Mr Gutmann’s main responsibilities are to act in the best interest of the Class and to act fairly and adequately, to obtain the best possible outcome for the Class Members.

Mr Gutmann conducts the claim against Apple on behalf of all class members, except for those who opt-out.

During the proceedings, Mr Gutmann is responsible for communicating with the class and for issuing formal notices. Communication will occur via updates and announcements on this website, email correspondences, and written notices. Mr Gutmann is also supported by a Consultative Group, which is made up of industry experts and which he may consult if he wishes.

Who are the solicitors instructed by the Class Representative?

Mr Gutmann has instructed the law firm Charles Lyndon to represent him in the claim. Charles Lyndon is one of the UK’s leading consumer-focused litigation firms and has extensive expertise in competition law.

Charles Lyndon has previously brought the first stand-alone class actions in the UK and has vast experience of the UK collective action regime. Charles Lyndon also has a number of group actions in the High Court relating to the emissions scandal. To see their website, click here.

About Collective Claims

What is a collective claim?

A collective claim (or collective proceedings) is brought by a class representative on behalf of a group of claimants (known as a ‘class’ or individually a ‘class member’) who are claimed to have suffered loss following a breach of competition law.

What is the Competition Appeal Tribunal (CAT)?

The Competition Appeal Tribunal is a specialist court based in London that covers the whole of the UK and hears disputes such as this claim.

The Tribunal publishes its Rules and Guidance, together with information about what it does, on its website.

What does ‘opt-out’ mean in these proceedings?

This claim is proceeding as an opt-out case. In simple terms, if you don’t opt-out, you’re in. This process means that, if you are living in the UK as a resident as of 12 March 2024, which is known as the domicile date, and you satisfy the class definition, you are included in the class (and do not need to do anything) unless you ask to be excluded from the class. Asking to be excluded is also called opting-out of the class.

If you are not living in the UK as of 12 March 2024, and you meet the criteria to be in the class, and you want to participate in this claim, you must take steps to say that you want to be included. Asking to be included in the class is called opting-in to the class. You need to consider opting-in if you are living abroad as of the domicile date.

All class members who stay in the class or opt-in to the class will be bound by any Tribunal judgment. As a class member, you will not be able to bring an individual claim against Apple raising the same issues included in this claim.

What is the timeline for the litigation?

The Competition Appeal Tribunal has certified the claim and made a Collective Proceedings Order on 23 January 2025. This means that the collective claim may now proceed to trial unless it is settled out of court beforehand. The Tribunal gave ‘directions’ in its Order setting out the next steps through to a Case Management Conference. Disputes of this size generally take a few years to resolve.

If the collective claim proceeds to trial, the Tribunal will decide whether to make an aggregate award of damages for all class members (i.e. compensation). No money is available now and there is no guarantee that money will be available in the future. The case will have to be won in the Tribunal unless a settlement can be agreed as between the class representative and Apple.

Further updates will be published on this website as the collective claim progresses.

Could settlement in the collective claim take place?

It is possible that settlement could take place before trial, however any settlement reached between Mr Gutmann and Apple will need to be approved by the Competition Appeal Tribunal and it must be just, reasonable, and in the best interests of the members of the class. If the collective claim is settled for a sum of money from Apple, then that sum of money will be distributed between the class members.

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Being a Class Member

Who falls into the class for the collective claim and do I qualify?

If you are a consumer or business who acquired and/or used one or more of the iPhones 6, 6 Plus, 6s, 6s Plus, SE, 7 and 7 Plus, then you are likely within the class. The class is divided into two sub-classes, the ‘consumer class’ and the ‘business entities class’.

You are likely to fall into the ‘consumer class’ if, since 12 December 2016, you acquired one or more of the affected iPhones listed here in the UK for personal use, entered into the standard iOS software licence terms and/or had an Apple ID registered to the acquired iPhone model(s), and used the iPhone(s) with any Apple iOS update from iOS 10.2.1 onwards.

You are likely to fall into the ‘business entities class’ if you are a business entity who acquired one or more of the affected iPhones listed here in the UK for use by yourself of your employees in the course of business and you or your employee entered into the standard iOS software licence terms and/or had an Apple ID registered to the acquired iPhone model(s), and used the iPhone(s) with any Apple iOS update from iOS 10.2.1 to onwards.

To be automatically included in the class you must have been domiciled in the UK as of 12 March 2024. Other potential Class Members who are not domiciled in the UK as of 12 March 2024 may opt-in to the proceedings if they choose.

The Collective Proceedings Order Notice can be found here. This sets out the exact class definition and applicable exclusions along with instructions on how to opt-in or opt-out of the class. It also provides further information which will help you to determine whether you are a class member.

I qualify as a class member. What do I need to do?

At this stage, you do not need to do anything.

When there are any developments in the claim, these will be posted on this website so that you can stay up to date. Additionally, if you click the “Keep Updated” button to stay updated and register your interest, you will be informed of these developments directly.

In the event that compensation has been secured for the class, you will then be required to come forward to claim your share of the damages. Details on how to do this will become available at the appropriate time.

I want to Opt-Out

If you are a UK resident on 12 March 2024 and you want to be removed from the class, send a letter or email addressed to:

Care of Class Representative:
Charles Lyndon,
110 Cannon Street,
London,
EC4N 6EU,
Telephone: 0207 058 0050
Email: enquiries@theiphoneclaim.com

Include the following statement in your letter or email “I want to opt-out of the collective claim against the Apple, Case No [1468/7/7/22] along with your full name, postal address, email address and telephone number. Sign and date your opt-out letter or email. You do not have to give a reason for opting-out.

To be considered, your opt-out letter or email must be received or postmarked by 7 June 2025. Once your opt-out is received and processed, you will be sent an acknowledgement by email if you have provided an email address, or by post if not.

By opting-out, you will not be able to receive a payment from this claim if money becomes available. However, you may be able to bring your own separate claim against Apple for the same issues.

IMPORTANT CONSIDERATION:

Please note, if you opt-out and then wish to bring a claim on your own against Apple, you must do so within six months of the date on which you opt-out. If you do not file an individual claim against Apple within this timeframe, your claim will be time barred and not allowed.

I want to Opt-In?

If you are not a UK resident on 12 March 2024 (even if you were before), you must take steps to opt-in to the class if you want to be part of the claim and be eligible to receive a payment in the future.

Please complete the Opt-In Form here. On the form, you will be asked to provide your full name, postal address, email address and telephone number. You will also be asked to provide the dates after 12 March 2024 that you were a UK resident.

If you prefer, you may also opt-in by post. Send a letter with the information listed in the previous paragraph. To assist you in submitting an opt-in by post, a sample opt-in letter is available here. If you would like to be sent a stamped addressed envelope to submit your opt-in, please send an email with your postal address to: enquiries@theiphoneclaim.com.

Send your opt-in letter to:

Care of Class Representative:
Charles Lyndon,
110 Cannon Street,
London,
EC4N 6EU

To be considered, your opt-in request must be received or postmarked by 7 June 2025. Once your opt-in request is received and processed, you will be sent an acknowledgement by email if you have provided an email address, or by post if not.

IMPORTANT CONSIDERATION: 

Please note, if you decide not to opt-in and then subsequently wish to bring a claim on your own, you must do so within six months of the deadline for opting (7 June 2025) or your claim will be time barred and not allowed.

I am not a UK resident and did not opt-in by 7 June 2025?

Under the rules of the Tribunal, if you are not a UK resident on 12 March 2024, you are required to submit an opt-in request by 7 June 2025 (see previous question) to be part of the class. If you do not opt-in by 7 June 2025 and money later becomes available, the only way for you to be eligible to receive a payment is for the Tribunal to give you permission to opt-in at a later time. There is no guarantee this permission will be given, so you must opt-in by 7 June 2025 if you want to be eligible to get a payment.

Is anyone excluded from the proposed class?

The following categories of persons are excluded from the class:

  • Members and staff of the Tribunal assigned to these Proceedings;
  • Officers, directors or employees of:
  • The Defendants; and
  • Any entities which have a (direct or indirect) interest in any of the Defendants that gives rise to significant control; an
  • Any entities in which any of the Defendants have such an interest; and
  • The Class Representative’s and Defendants’ legal representatives as well as any experts or other professional advisors instructed in these proceedings, including the professional staff assisting them.

How It Will Affect You As A Class Member

Who is paying for the claim against Apple Inc?

Mr Gutmann is working with a specialist litigation funder, Balance Legal Capital LLP, to bring the claim.

How much money will I get and when?

Mr Gutmann is seeking an aggregate award of damages in the region of £853 million before interest is applied for the class as a whole. This preliminary estimate will be refined further based on data to be disclosed by the Defendant. Any aggregate award of damages will need to be distributed to eligible class members that come forward to claim their share.

 

Will I incur any costs for taking part?

As a class member, you will not incur any costs for taking part in the collective claim, nor will you be liable to Apple for its costs should the collective claim be unsuccessful.

Can I talk to my friends and family about the case or post on social media publicly?

Yes. There is no reason stopping you from discussing the case in person or on social media.

Can I make an individual claim against Apple as well as being part of the collective claim?

As a class member, if money becomes available, you will be eligible to receive a payment. You will also be legally bound by all Tribunal judgments with respect to this claim. Whether Mr Gutmann wins money for the class or not, unless you opt-out, you will never be able to make your own claim against Apple in respect of the claims included in this case.

More Information

How can I stay updated on the progress of the collective claim?

If you would like to receive updates on the progress of the claim, please click the ‘Keep Updated’ button to register your interest and to stay up to date.

You can also revisit this website to check for new information from time to time as it will be updated periodically.

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